The court heard arguments Tuesday in Fresno challenging a 2002 law that says anyone graduating from a California high school— regardless of their immigration status—can pay in-state tuition. At the University of California, that’s $11,300 a year.

UC students from out of state pay $34,000 a year.

More than 40 out-of-state students from UC and other public colleges claim the statute violates federal immigration law.

Their attorney, Kris Kobach, is suing to force illegal immigrants to pay out-of-state rates. Kobach also was the chief drafter of Arizona’s tough new laws against illegal immigrants.